New England Telephone & Telegraph Co. v. City of Rochester

The defendant, City of Rochester, appeals a decision of the Superior Court (Fitzgerald, J.) granting plaintiff New England Telephone and Telegraph Company’s motion for summary judgment. We reverse and remand.

The plaintiff provides telecommunications services to the residents of the city of Rochester. The defendant issued the plaintiff licenses for the location of “poles, wires, cables and other similar equipment” on city-maintained highways. See RSA 231:161, 1(b), IV (1993). Pursuant to RSA 231:163 (1993), which permits license alterations “whenever the public good requires,” the Rochester…